USCIS reminds F-1 students on Optional Practical Training (OPT) that transferring to another school or beginning study at another educational level (for example, beginning a master’s program after completing a bachelor’s degree) automatically terminates their OPT as well as their corresponding employment authorization document (EAD).
I have my I-140 approved in 2015 and its beyond 180 days now with Employer A.
<br>
If I move to Employer B
a) Consider that Employer A revoked my I-140<br>
b) Please help to confirm will it possible to get multiple extension with previous 180 approved.<br>
c) Even if Employer B doesn't file a Green Card (Labor then I-140)... Can I get multiple extension with Employer A approved I-140
FAQ: Effect of I-140 revocation on priority date, H-1B extensions through any employer, etc.
Video Transcript:
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USCIS is issuing policy guidance in the USCIS Policy Manual regarding the Child Status Protection Act. The Policy Alert is available here:
USCIS updated the following USCIS form(s):
Due to a processing error on May 4, 2018, USCIS mailed a number of biometric services appointment notices with incorrect Application Support Center (ASC) locations to petitioners who filed Form I-751, Petition to Remove Conditions on Residence.
U.S. Citizenship and Immigration Services (USCIS) today announced the launch of our Freedom of Information Act (FOIA) Immigration Records SysTem (FIRST), which will eventually allow users to submit, manage, and receive FOIA requests entirely online. Before this change, USCIS only accepted FOIA requests by mail, fax, and email, and requesters typically received their documents on a compact disc by mail.
Can I keep the notarized copy of my green card instead of original green card? Because I think it’s risky to carry GC all the time and have fear of it getting lost. cost and wait time for replacing GC is very high.
When I will travel out of town or government buildings I can take my GC with me. But for other day to day routine travel can I keep my GC safe at home ? What is the maximum penalty I have to pay if random checked by immigration officer (very unlikely) I provide my driving license and notarized copy of GC? Is it very serious offense ? Have you seen people getting into immigration(USCIS) trouble for not carrying original GC?
Do we have to do police complaint if GC is lost? If yes then can you please explain the procedure, and forms to fill.
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U.S. Customs and Border Protection (CBP) announced the start of a six-month testing period of Incident Driven Video Recording System (IDVRS) in operational environments.
On April 15, 2018, USCIS used a computer-generated random selection process to select enough petitions to meet the fiscal year (FY) 2019 cap of 4,999 for the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program.
Release Date
USCIS is reminding the public that they offer immigration services that may help people affected by unforeseen circumstances such as natural disasters. Examples of unforeseen circumstances include, but are not limited to, the severe weather in Kentucky and surrounding states.
The following measures may be available on a case-by-case basis upon request:
Release Date
U.S. Citizenship and Immigration Services is temporarily waiving the requirement that the civil surgeon sign Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days before an applicant files an application for the underlying immigration benefit (including Form I-485, Application to Register Permanent Residence or Adjust Status), until Sept. 30, 2022.
I am currently working as a Senior Software developer at a small company (13 employees). It is privately held and I don't have any stake in it. I am on an H-1B visa and my I-140 is approved under the EB-3 category. I see an opportunity to start a team in India for my current company. I can manage the team from India, staying there for a year. After that, I can come back to the US and still manage the Indian team while working in the USA. I will probably have to play a dual role where I am a senior developer and should manage the Indian team. Will I be eligible for EB-1 manager/executive level after 3 years? If not, is there an easy way I can leverage the advantage of working in a small shop to get a green card faster.
You should be able to include the team in India amongst the professionals you manage if the benefit of the work flows to the corporate collective. You don't have to be outside the USA for three years. The required time period is one year. This could work, but you must have a detailed consultation with your lawyers. They should make sure your proposed jobs in India and then in the USA meet the legal requirements for an L-1A/EB-1C.
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My friend had traveled to India in an emergency situation in April this year. Since the consulates were closed for so long, he could get his H-1 visa stamping done by an emergency appointment last month (through NIE) only. Now, his job contract ended here. What are his chances to come back to the U.S.? - Does he need to have a job with an offer letter before traveling back to the U.S. back?
Unless you have a specific job in hand, the one that has been described in the H-1B you should not come back.
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H1-B Visa Stamp Expired - but H1-B Status Valid until Sept 2023 (I-797 Approval Notice)
I-140 approved long back, I-485 pending (PD not current but close), I-765 + I-131 approved Combo Card. Travelled to India with both H-1B I-797 and I-485 EAD/AP (Validity was 1 Year) and returned a couple months back; chose to return on I-485 AP because could not get a Visa Drop Box Appointment. New I-94 received upon entry is only valid till AP expiry date; which is prior to H-1B I-94 attached to I-797 (Sept 2023). No change of Employer before or after the travels - return to the same employer.
a) Does the use of AP on returning mean the H-1B status is abandoned in this case?
b) Will I fall out of status after August 2022 - based on this new I-94 with AP entry?
c) Can the already approved H1B status be reinstated (if it was abandoned) and also be extended like regular H1B extension after 2023 - if yes, would that need a travel out of the country before August 2022 and return on H-1B visa stamp?
a). Although you entered the United States on advance parole this time you are still considered to be holding a H-1B status. That is not disturbed by your exit and entry.
b). The I-94 that you get with the advance parole entry is limited and hence it should not be a problem. You should be able to transfer employers. You definitely can amend or even extend your H-1B within the United States. I am not aware of any limitations on the ability to use the H-1B for a transfer.
c). Yes you can always revive an H-1B. If the H-1B has expired, you can seek a renewal of the H-1B through the USCIS and then go outside the USA (your home country or any country) and get a H-1B visa stamp and come back.
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I have had an approved H-1B petition since 2010 but never used it. Can I reuse that petition and obtain an H-1B transfer to a different company? The old company who has filed H-B petition has not withdrawn it.
The problem I see is that the approval is too old. A never-used H-1B approval obtained more than six years ago may not be viable. But, you can have it researched further. I suggest you look into something called the” remainder option.” Although, it is probably not applicable to you, but your lawyers should make sure of that. Normally, the remainder option is available for people who were employed for a while in the USA on H-1B. These folks, if they go outside the United States for one year after the H-1B employment, can get the time remaining on their H-1B without regard to when it was approved.
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Number 61
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during January for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
I currently have my I-140 approved from two employers for a Senior Software engineer position under EB3 quota. I have my green card EAD with priority date: Nov 2014. I-485 has been pending for more than 180 days. I expect to be promoted to be a manager in the same line of work in the next 6 months. Due to personal circumstances, I might have to move to a different employer right after. Could you please let me know if there are any concerns if I switch right after getting promoted? The job duties would change but the line of work will be the same.
I do not see any problem because remember there is the possibility of self-portability as well. But of course, you should have your lawyers review the two job descriptions and make sure they are same or similar.
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I am in the initial OPT which expires on November 30th, 2021. My STEM Extension has been denied based on approved H1-b which is pending withdrawal at the Texas Service Center for the last 6 months. My current employer’s attorney raised the Ombudsman request a week ago and I’ve taken Ohio senator's help to submit inquiry two weeks ago but no response so far from the USCIS and also from online forums it seems it’ll take 30 days to get a response at least but I’m running out of my time. My employer is reapplying for my STEM OPT in two weeks again. Do I need to take any other steps to get this issue resolved?
Firstly, talk with your DSO. Second thing is to talk to your congressman's office. Even though they are effective in my opinion they can take time. These are the only two steps that I can recommend in addition to what you have done.
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First of all I just want to thank you to Rajiv, Vijay and everyone else in the office that has been with me throughout the journey. They have been very professional, efficient and reliable. Rajiv has been so quick in replying emails to me every time I have any questions and I really appreciate it. Sometimes unexpected situations came up and the way Rajiv addressed and handled such issues made me feel extremely grateful that he was there. His calm spirit and the way he talks just make me feel like there are no existing problems, just situations, which can always be fixed. I remember when I asked my sister why she chose this law firm (she introduced Rajiv’s law firm to me), she said that when she first met with Rajiv, he just gave her this vibe that everything will be alright and that he seemed really kind (and he is), compared to other lawyers that she has met before.
I also would like to thank you Vijay from the bottom of my heart because Vijay has been extremely patient and nice to me. I have been working with Vijay since the beginning of my application and he has always been there for me whenever I need. Even though I bugged him a million times via phones/emails, he is still very patient and kind to me and helps guiding me with all the GC paperwork. So thank you Vijay for your complete support during this journey.
My timeline for the EB3 Green Card is as followed:
Jan 24 - Filing I-140 & I-485 concurrently (I-140 is premium processing)
Jan 26 – Application received
Feb 7 – I-140 approval notice
Feb 19 - Fingerprint notice
Feb 28 – Fingerprint Appointment
Mar 28 – EAD/AP card approved
April 20 – Interview notice
May 21 – Interview day
May 24 – Case was approved
Again, thank you so much to Rajiv, Vijay and everyone who has been handling my case from the start to finish. You guys are the best and I would highly recommend Rajiv and his team without any hesitation in regards to any immigration cases.